Voluntary Administration

MinterEllison frequently acts for insolvency practitioners appointed as voluntary administrators by a company's board, and other stakeholders who interact with voluntary administrators (whether as secured creditors, receivers, landlords, directors, or potential purchasers of assets).

When a corporate collapse occurs, we deal with regulators, including ASIC and ASX, and negotiate deeds of company arrangement (DOCAs), whether to facilitate a sale of assets, provide an opportunity for potential options to be considered (a holding DOCA), facilitate a re-capitalisation and re-listing (in a separate creditors' trust) or enable a better return to creditors than liquidation.

We also advise on contested creditor resolutions that potentially affect the manner in which assets will be realised by a voluntary administrator, arising in part from our experience acting for US investors in relation to Sons of Gwalia.

We have strong relationships with the Australian trading banks and the leading insolvency accountants, which means we can work collaboratively with key industry players to ensure the best possible outcome for our clients.

ANZ exposure to Gunns Group

Acted for ANZ advising on its bilateral exposure to the Gunns group. Following the appointment of administrators, we acted for McGrath Nicol as receivers and managers of two related property trusts. The trusts leased land to the Gunns Group, which had been used for MIS purposes.

Pasminco Group administration, reconstruction and IPO of Zinifex

Acted for ANZ in the collapse of the Pasminco Group of Companies. The group was successfully restructured leading to the IPO of Zinifex in April 2004.